Tatoian v. Tyler
Citations
- 194 Conn. App. 1
Syllabus
The plaintiff trustee of a trust brought this action to recover damages from the defendant beneficiaries of the trust, B and J, for common-law and statutory (§ 52-568) vexatious litigation in connection with a prior action that J and other beneficiaries had commenced against the trustee and in which B had filed a cross complaint against the trustee. In that prior action, B and J had claimed that the trustee improperly failed to provide them with certain accountings of the trust before the death of the settlor, R. Judgment was rendered in favor of the trustee on the operative complaint of J and cross complaint of B after the partial granting of a motion for summary judgment and a jury verdict. Thereafter, the trustee brought this action, claiming that all of the counts against him in the prior action were terminated by way of summary judgment or resolved by the jury in his favor. The trial court found that the trustee had conceded that his action would fail if he did not to prove one of his vexatious litigation claims as to one of the claims by B and J in the prior action. The court rendered judgment in favor of B and J after it determined that the trustee had failed to prove that they lacked probable cause, as required under the common law and under § 52-568 (1), to sue him for failure to provide them with accountings, and had failed to prove that B and J had acted with malice, as required under § 52-568 (2). The trustee thereafter filed a motion for reargument and reconsidera- tion in which he claimed, inter alia, that the trial court had stated mistakenly in its memorandum of decision that he had conceded that his action would fail if he could not prove that B and J lacked probable cause to bring all of the counts in the prior action. The trial court granted the motion for reargument and reconsideration and rendered judgment for the trustee on his claim under § 52-568 (1), and rendered judgment for B and J as to the trustee's claims under the common law and § 52-
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ‘‘One of the fundamental common-law duties of a trustee is to preserve and maintain trust assets. A trustee has the right and duty to safeguard, preserve, or protect the trust assets and the safety of the principal.’’ (Internal quotation marks omitted.)
Source: CourtListener parenthetical corpus (CC0).
Judges: Sheldon; Keller; Moll
Read full opinion on CourtListenerCited by
3 cases in this archive cite this case.
Cites
10 cases in this archive are cited by this case.
- DeLaurentis v. City of New HavenSupreme Court of Connecticut· 1991-08-20· cited 503×
- Falls Church Group, Ltd. v. Tyler, Cooper & Alcorn, LLPSupreme Court of Connecticut· 2007-01-23· cited 89×
- Wilcox v. Webster Insurance, Inc.Supreme Court of Connecticut· 2009-11-24· cited 67×
- May v. CoffeySupreme Court of Connecticut· 2009-04-14· cited 41×
- Embalmers' Supply Co. v. GiannittiConnecticut Appellate Court· 2007-08-07· cited 39×
- McWeeny v. City of HartfordSupreme Court of Connecticut· 2008-05-20· cited 39×
- Trust Created Under the Will of DamonHawaii Supreme Court· 1994-03-30· cited 19×
- Naier v. BeckensteinConnecticut Appellate Court· 2011-09-27· cited 16×
- Jackson v. ConlandSupreme Court of Connecticut· 1979-06-19· cited 14×
- Ramondetta v. AmentaConnecticut Appellate Court· 2006-08-15· cited 14×
Sourced from CourtListener / Free Law Project (CC0).
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